Legal Opinion

Ellis v. Tone

California Supreme Court

Decided July 1, 1881No. 7,032PublishedCited by 14 opinions

Appeal from a judgment for the plaintiffs, and from an order denying a new trial, in the Fifth District Court, County of San Joaquin.

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Appeal from a judgment for the plaintiffs, and from an order denying a new trial, in the Fifth District Court, County of San Joaquin. Booker, J. The following are the instructions asked hy the defendants, and refused by the Court, which are referred to in the syllabi, and which are not set out in the opinion: 1. In this action the plaintiffs have sued the defendants to recover damages claimed hy plaintiffs for the alleged diversion by defendants of the natural waters of the Calaveras River from the Mormon Slough, running through plaintiffs’ land, and plaintiffs claim that, by such diversion…

1Opinion of the Court

Thornton, J.:

This action was brought to recover of defendants damages for diverting water from Mormon Slough, a natural watercourse, by which plaintiffs were, prevented from irrigating their growing crops'of wheat and barley in 1877, and in consequence of which they suffered loss and damage.

On the trial a verdict was rendered in favor of plaintiffs for one thousand dollars, on which judgment was entered. Defendants moved for a new trial, which was denied, and they prosecute this appeal from the judgment and the order denying a new trial.

On the trial several exceptions were reserved to the…

2Cases cited1 opinion

  1. Shea v. Potrero & Bay View RailroadCalifornia Supreme Court · 1872

3Cited by14 opinions

  1. Vallejo & Northern R.R. v. Reed Orchard Co.California Supreme Court · 1915
  2. Teller v. Bay and River Dredging Co.California Supreme Court · 1907
  3. International Agri. Cor. v. AbercrombieSupreme Court of Alabama · 1913
  4. Chowchilla Farms Inc. v. MartinCalifornia Supreme Court · 1933
  5. Perry v. City of San DiegoCalifornia Court of Appeal · 1947

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